HOUSE BILL 4509 Summary

• Prohibits importing, selling, offering for sale, purchasing, bartering, or possessing with intent to sell ivory, ivory products, rhinoceros horn, and rhinoceros horn products.

• Establishes rebuttable presumption that such items found in retail or wholesale outlets are possessed with intent to sell; obtaining an appraisal alone does not constitute intent to sell.

• Authorizes the Department of Natural Resources to issue permits for educational, scientific, or antique purposes (items at least 100 years old and less than 20% ivory/horn by volume) and for musical instruments or firearms manufactured by 1975.

• Exempts federal and state law enforcement activities and imports expressly authorized by federal license or permit.

• Establishes penalties of $1,000 minimum (first offense) or $5,000 minimum (subsequent offenses), or twice the market value of items involved, whichever is greater; court must seize items for department destruction or donation to educational institutions.